Dhanya.M.S vs The Revenue Divisional Officer ...
2023 Latest Caselaw 682 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 958 OF 2023
PETITIONERS:
           DHANYA.M.S
           AGED 44 YEARS
           D/O SUKUMARAN
           MAKKORAMVEETTIL,KADAVANAD P.O.PONNANI
           MALAPPURAM
           PIN - 679586
           BY ADVS.
           K.S.MANU (PUNUKKONNOOR)
           K.B.UDAYAKUMAR
RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER THIROOR
           MALAPPURAM DISTRIET
           PIN - 679583
     2     THE TAHILSDAR
           PONNANI TALUK,
           MALAPPURAM DISTRICT
           PIN - 679583
     3     THE VILLAGE OFFICER
           PONNANI TOWN VIILAGE
           MAFAPPURAM DISTRICT, PIN - 679586
     4     THE AGRICULTURAL OFFICER (CONVENER)
           LOCAL LEVEL MONITORING COMMITTEE,
           PONNANI, MALAPPURAM, PIN - 679586
     5     THE DISTRICT COLLECTOR
           COLLECTORATE P.O
           MALAPPURAM, PIN - 676505
     6     STATE OF KERALA
           REP. BY PRINCIPAL SECRETARY,
           REVENUE DEPARTMENT, GOVT. SECRETARIAT
           THIRUVANANTHAPURAM, PIN - 695001

          SMT.VIDYA NARAYANAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.958 OF 2023
                                   2


                          JUDGMENT

Dated this the 12th day of January, 2023

The petitioner, who is owner of 5.43 Ares of property in

Ponnani Town Village of Ponnani Taluk in Malappuram

District, has filed this writ petition seeking to direct the 1st

respondent to consider Ext.P5 Form-6 application and to pass

orders thereon, within a time frame to be fixed by this Court.

2. The petitioner states that she is owner in possession

of 5.43 Ares of land comprised in Survey Nos.125/2-9 and

125/2-13 of Ponnani Town Village of Ponnani Taluk in

Malappuram District. The land is garden land. It is not

cultivated with paddy. It is not fit for paddy cultivation either.

However, the land is described as 'Nilam' in Basic Tax Register.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P5 application in

Form-6 before the Revenue Divisional Officer, invoking the

provisions of Rule 12(1) of the Kerala Conservation of Paddy WP(C) NO.958 OF 2023

Land and Wetland Rules, 2008. The application was filed on

12.10.2021. The application has not been considered so far.

Unless the application is considered expeditiously, the

petitioner will be put to untold hardship and loss, contends the

petitioner.

4. The Government Pleader representing the

respondents resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioner, in

the writ petition. The Government Pleader, however, submitted

that since the petitioner has invoked a statutory remedy under

the provisions of the Kerala Conservation of Paddy Land and

Wetland Rules, 2008, the application submitted by the petitioner

can be considered by the competent authority in accordance

with law, provided the application is received, is complete in all

respects and is supported by all necessary documents.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents. WP(C) NO.958 OF 2023

6. The property of the petitioner is said to be a dry land,

but it has been described as Nilam, in Basic Tax Register. Rule

12(1) of the Kerala Conservation of Paddy Land and Wetland

Rules, 2008 provides for making applications for changing the

nature of land in Revenue records. The petitioner has invoked

the provisions of Rule 12(1) of the Rules, 2008 by filing

application in Form-6. It being a statutory application, the

Competent Authority is bound to consider the application and

pass orders thereon within a reasonable time.

The writ petition is therefore disposed of with a

direction to the 1st respondent-Revenue Divisional Officer to

consider Ext.P5 Form-6 application submitted by the petitioner if

the same is received supported by all requisite documents and

paying prescribed fee, if any, and to pass orders thereon in

accordance with law, within a period of two months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.958 OF 2023

APPENDIX OF WP(C) 958/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED NO.1497RAL DATED 29/3/21.

Exhibit P2 TRUE PHOTOCOPY OF THE SALE DEED NO.2784/21 DATED 31/8/21.

Exhibit P3 TRUE PHOTOCOPY OF THE PROPERTY TAX RECEIPT Exhibit P4 TRUE PHOTOCOPY OF THE PROPERTY TAX RECEIPT 24 Exhibit P5 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED IN FORM NO,6 DATED 12/10/2021 Exhibit P6 TRUE PHOTOCOPY OF CHALAN DATED 04/10/21 EVIDENCING THE PAYMENT OF RS.1000